LL.B. (Three Years) Sem 3 Family Law II Nov 2010 Question Paper - Mumbai University | munotes

Questions asked in this paper

1. 1. Answer the following in short, not more than two sentences 20 Marks

1. (a) Define Escheat.
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2. (b) What is nuclear family?
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3. (c) When a partition can be reopened?
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4. (d) What is the doctrine of relation back in respect of adoption?
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5. (e) What is the punishment for abatement of Sati?
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6. (f) How the term 'child' is different from term 'minor'?
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7. (g) What is Apratibandhadaya?
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8. (h) Write two grounds of divorce which are available to Hindu wife only.
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9. (i) When a Hindu wife forfeits her right to receive maintenance from her husband under Hindu Adoption and Maintenance Act?
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10. (j) What is Sapinda relationship?
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2. 2. Write short notes on any four 20 Marks

1. (a) Urbanization
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2. (b) Sati
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3. (c) Settlement of spousal property
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4. (d) Powers of Karta to start a new business
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5. (e) Uniform Civil Code
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6. (f) Desertion as a ground of divorce.
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3. 3. Solve any two of the following, justify your answer with relevant Sections 12 Marks

1. (a) Ajay, a Hindu male dies intestate leaving behind daughter, son, father, pregnant widow and sister. How his property will be distributed to his legal heirs? Widow of Ajay subsequently gives birth to her daughter. Whether such daughter is entitled to inherit the property of Ajay?
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2. (b) X, a Hindu male married to a Hindu female Y as per the Hindu Marriage Act. After five years of marriage X marries to Z and got one child A from Z. X abandons Z and thereafter he claims the custody of A. Who is entitled to claim the custody of A and why?
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3. (c) Kishore and Beena got married in 2006 and have one daughter. They got decree of judicial separation in 2009. Kishore dies intestate during subsistence of the decree and thereafter Beena adopted a daughter. Whether such adoption is valid and how property of Kishore will devolve to his legal heirs?
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4. 4. Answer the following, any four 48 Marks

1. (a) Explain the concept of evolution of marriage and family and what are the types of families based upon linage?
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2. (b) Write the structural difference between Mitakshara and Dayobhaga coparcenaries and discuss the powers of a Karta regarding alienation of joint property.
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3. (c) Discuss the capacity of a Hindu female and formalities to take a daughter in adoption under Hindu Adoption and Maintenance Act.
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4. (d) Explain general rules of Succession under Hindu Succession Act. Discuss in detail the disqualifications of a legal heir to inherit the property.
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5. (e) Who is a testamentary guardian? What are the powers vested to such guardian? When does the appointed testamentary guardian is entitled to act as a guardian of the minor?
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6. (f) Explain in detail the essential conditions of a valid marriage under Hindu Marriage Act. Differentiate between void and voidable marriage.
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